In an auto accident, often the occupants receive injuries from not only the primary impact of the other car, but also from the secondary impact within one’s own vehicle. An expererinced auto accident attorney will not only assist you in filing an car accident claim with your own insurance company, but will also file an car accident lawsuit if necessary to protect your legal rights. An auto accident lawsuit and claim for damages (money) is filed or pursued against all available entities to ensure that you receive maximum damages both for your injuries and any other losses which can include:
Often the injuries in the car wreck can be due to a product defect, whether a design defect or a manufacturing defect of the vehicle. In the cases in which the plaintiff has severe injuries with damages in excess of the insurance limits, then additional avenues of recovery must be investigated. Theses third party lawsuits against the auto manufacturer may include claims for:
Auto, truck and car accidents happen frequently in Texas. Most of us have been involved in a car accident or we know someone who was seriously injured in an auto accident. Texas car wrecks have caused serious pain and suffering to many of our friends and family members. An auto accident can cause severe injuries such as the loss of limb, soft-tissue injuries, back and neck injuries, paralysis, quadriplegia, paraplegia, brain injury, brain damage, spinal cord injury, bruising, broken bones, scarring, disfigurement, permanent physical disability and even death. Auto accident insurance coverage is usually available to pay for a car accident victim’s medical bills, pain, suffering, lost wages, and loss of quality of life. Sometimes a car accident victim’s family may have a right to compensation for loss of companionship, loss of support and wrongful death.
In Texas, an auto accident victim has TWO (2) years from the date of the car wreck to file a lawsuit. In the case of a child or minor, the statute of limitations is tolled or extended. Talk to a car accident lawyer to get the exact date that a car wreck lawsuit needs to be filed in court. If you wait too long, the lawsuit may be dismissed. The filing deadlines are different in other states, so you should consult an attorney familiar with those states deadlines. A Texas car accident can involve many complex legal issues including: products liability, employer liability, subrogation rights, comparative negligence, personal injury protection (PIP) insurance, minimum insurance coverage requirements and laws pertaining to uninsured and underinsured motorist coverage. If you don’t understand these issues and want to evaluate your options, you should consult a Texas accident lawyer to help you evaluate your claim.
If you or a loved one were injured in a car accident in Texas, there are a few steps you can take to make your auto accident case stronger and protect your right to recover money damages. These steps include the following:
It is possible that an automobile insurance adjuster will try to convince you to settle your car accident claim without using a Texas personal injury attorney. Although you can try to settle your auto accident claim on your own, bear in mind that the adjuster’s primary goal may be to settle your claim for the absolute minimum amount possible. Though they may be friendly, do not drop your guard. Remember, they are on the other side and will use anything and everything you say against you if necessary to protect their interests. This is why it is better to have an attorney speak on your behalf. As we tell all of our clients at the Willis Law Firm, be careful what you say and who you say anything to. Often the other side in an auto accident will hire private investigators to follow you and film or videotape you and attempt to “catch” you doing anything that their adjusters or attorneys can use to decrease the value or strength of your case.